RedBubble Gets Another Favorable Ruling--YZ Productions v. RedBubble

RedBubble Gets Another Favorable Ruling–YZ Productions v. RedBubble

Rebecca Zamolo appears to be a YouTuber/influencer who merchandises her brand in multiple ways. She claims that RedBubble users are infringing her IP and counterfeiting her offerings. The complaint includes many images showing the alleged infringements, such as: The court…

Want to Engage in Anti-Competitive Trademark Bullying? Second Circuit Says: Great, Have a Nice Day!--1-800 Contacts v. FTC

Want to Engage in Anti-Competitive Trademark Bullying? Second Circuit Says: Great, Have a Nice Day!–1-800 Contacts v. FTC

Starting in the mid-2000s, 1-800 Contacts sought to control how its competitors bought search engine advertising triggered by its (so-called) trademarks, a process I call competitive keyword advertising. To do this, 1-800 Contacts typically sued its competitors and then quickly…

Print Ad's "Terms and Conditions" Don't Create Binding Arbitration Clause--Soliman v. Subway

Print Ad’s “Terms and Conditions” Don’t Create Binding Arbitration Clause–Soliman v. Subway

Subway ran a promotion offering deals if customers signed up for text messages. The stores displayed the following print ad: The language in the bottom right: Limited Time Only. Message and data rates may apply. Max10msgs/mo-Msgs may be autodialed from…

California Court Holds Amazon Strictly Liable for Marketplace Items Amazon Didn’t Fulfill–Loomis v. Amazon

This is another lawsuit over a fiery Chinese-manufactured hoverboard sold through Amazon’s marketplace. In Bolger v. Amazon from August 2020, a California appellate court held that Amazon was strictly liable for marketplace items it fulfilled, and Section 230 immunity didn’t…

Amazon Can’t Force Arbitration of Minors’ Privacy Lawsuit Over Alexa Recordings–BF v. Amazon

Minors allege that Amazon’s Alexa service improperly stores or utilizes their voiceprints. The district court denied Amazon’s request to force arbitration of the claims based on the fact that the plaintiffs, who were minors, were not signatories (or had not…

CCPA Data Breach Lawsuit Against Walmart Fails--Gardiner v. Walmart

CCPA Data Breach Lawsuit Against Walmart Fails–Gardiner v. Walmart

This is a data breach lawsuit against Walmart in which plaintiff (on his own behalf and on behalf of a putative class) asserts that his data is being currently sold on the dark web. Plaintiff asserted the typical claims, but…

Massachusetts Supreme Court Says Turo Doesn't Qualify for Section 230...Sometimes...--Massport v. Turo

Massachusetts Supreme Court Says Turo Doesn’t Qualify for Section 230…Sometimes…–Massport v. Turo

Turo facilitates peer-to-peer car rentals. It provided an option for users to pickup/dropoff at Logan Airport, but Turo took the position that it wasn’t a car rental service pursuant to the applicable regulations. The airport authority (Massport) sued Turo and…

11th Circuit Says Grocery Store Website Isn’t Covered by the ADA–Gil v. Winn-Dixie

Winn-Dixie is a major grocery store chain in the South. Their website offers multiple functions, but does NOT take grocery orders online. The website features at issue in this case are the ability to refill prescriptions online and to link…

512(f) Preempts Tortious Interference Claim–Copy Me That v. This Old Gal

“Copy Me That” (I’m pretty sure no IP lawyer recommended that name–it’s like a confession for copyright defendants) makes an app to help users manage recipes. “This Old Gal” (again, who comes up with these names?) publishes recipes. This Old…

There Are Multiple Types of "Clickwrap." They Should All Be Enforceable--Calderon v. Sixt

There Are Multiple Types of “Clickwrap.” They Should All Be Enforceable–Calderon v. Sixt

This case involves rental car contracts. Typically, a rental car company can form a contract at three different times: when making an online reservation, when actually completing the reservation in person (nowadays, usually it’s an electronic signature on a point-of-sale…